(1)Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.
Section history
Section 93 — When person accused of non-bailable offence may be released on bail
As in force on 1 May 2023.
(2)Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused.
(3)Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond.
(3A)Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused.
(3B)Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may —
(a)order the police officer not to release the accused on bail or on personal bond; or
(b)refuse to release the accused, whether on bail, on personal bond, or on bail and on personal bond.
(3C)Where —
(a)a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and
(b)the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court,
the State Court must stay execution on the order pending a review of the order.
(4)A police officer or a court releasing any person under this section must record in writing the reasons for so doing.
(5)Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison.